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StatuteProperty Law Act 2007

Section 136 — Property Law Act 2007: Court may grant leave to exercise power of sale of goods or to claim deficiency

Text of the provision Official document

136 Court may grant leave to exercise power of sale of goods or to claim deficiency (1) A court may grant leave to the mortgagee or receiver under a mortgage over goods to exercise any power under the mortgage to sell the mortgaged goods— (a) without a notice having been served on the current mortgagor as required by section 128 ; or (b) in the case of a default, after a notice under that section has been served on the current mortgagor but before the expiry of the period specified in the notice for the remedying of the default. (2) A court may grant leave to the mortgagee under a mortgage over goods to claim a deficiency from a former mortgagor or covenantor without a notice having been served on the former mortgagor or covenantor as required by section 132 . (3) The court may grant leave under this section on any conditions the court thinks fit.

Official source: legislation.govt.nz

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Statutory text from an official public source. Informational content — does not replace advice from a qualified lawyer.